Independent Exhibitors Film Bulletin (Sep 1935 - Aug 1936)

4 FILM BULLETIN INDEPENDENT EXHIBITORS INDEPENDENT EXHIBITORS FILM BULLETIN Vol. 2 No. 12 Nov. 20, 1935 Issued weekly by Film Bulletin Company, at 1313 Vine Street, Phila., Pa. Mo Wax, editor and publisher; Roland Barton, George F. Nonamaker, associate editors. Telephone: RITtenhouse 4816. Address all communications to Editor, Film Bulletin Merritt Crawford, Publisher's Representative 1658 Broadway, New York City Room 486 — Circle 7-3094 ADVERTISING RATES Write or call us for our Advertising Rates. Weekly circulation 1000 copies, covering every theatre owner in the Philadelphia and Baltimore-Washington territories. N. Y. Court Bars Price Fixing Act Unconstitutional . . . Justice Frederick P. Close, of the New York State Supreme Court, yesterday declared unconstitutional the New York "Fair Trade Act," which was enacted to replace the defunct NRA. The decision grew out of an injunctive action asked by Doubleday-Doran & Co., book publishers, to restrain R. H. Macy Si Co. from selling the former's books at a price lower than a "stipulated price." In refusing the injunction and declaring the statute invalid, Justice Close declared that the statute authorized the producer of a trademarked article to control and stipulate prices through every medium by which it reaches the consumer, and would permit him to retain a property right to that commodity until it reaches the hand of the consumer. Admissions? . . . The Fair Trade Act authorized the producer of trade-marked articles, in competition with similar commodities, to include in sales contracts a provision that the buyer will not resell the article except at a fixed price. Justice Close held that the control of price cutting lay beyond the jurisdiction of the State Legislature and could be legally authorized only by an amendment to the Constitution. Most contracts for the exhibition of motion pictures contain .i clause specifying minimum admission charge. It is a nice question as to whether the courts, in view of the above precedent, would uphold the minimum price provision of these contracts. EDITORIAL ( Continued from Page 1 ) implies forfeiture of their God-given right to engage in petty disputes, to cut each other's throat in competition, to make the film companies more powerful and richer. Heaven forbid that anyone should take away their 'independence'! "I have the deepest sympathy for the men who spend their time and labor in efforts to aid America's independent exhibitors. Their lot is an unfortunate and unhappy one. Whatever they do is either regarded suspiciously, or disregarded by the majority of the independents. These unselfish leaders are usually inspired by a desire to do good, to better balance the scales of power in the industry. But, how discouraging must be their work! ' Watching independent theatre owners and mingling as one of them has taught me that only a handful have the foresight to realize that they are gradually being pushed to extinction. Because they are still permitted to make a few dollars, the vast majority are blind to the future and the trend of the industry toward concentration of ALL the power and capital in the hands of a few individuals and companies. They are not satisfied, but they lack the perspicacity and aggressiveness to do anything about the situation. They chisel the independent producer down to the last penny for his product; they fight to hold down the printer's price for their programs or posters; they may pay minimum wages to their employes — but, the stronger major film companies always get the terms they demand. "I may be unduly despondent at this moment about the failure of independent exhibitors to be more than they are, but no one can deny that they deserve chastisement. "Let those independent theatremen who have the vision and capacity to organize and cooperate, do so for the protection of their own interests. Let them stop trying to 'save' those petty, selfish exhibitors, who do not comprehend the meaning of the word 'Independence'. They will get and learn their lesson, perhaps, when it is too late. And I, for one, say 'LET 'EM GET IT'! "Sincerely yours, "AN INDEPENDENT." Make up your minds, Boys!